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HomeMy WebLinkAbout08-5116 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Benjamin D. Gaumer BENJAMIN D. GAUMER : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. dF sll U GV? l T?vm RACHEL E. GAUMER : CIVIL ACTION LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the cause may proceed without you and a decree of divorce or annulment may be entered against you by these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 BENJAMIN D. GAUMER : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs NO. Q S? S? ( C,ry: RACHEL E. GAUMER : CIVIL ACTION LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Benjamin D. Gaumer, an adult individual who currently resides at 490 Nauvoo Road, Lewisberry, York County, Pennsylvania 17339, and whose social security number is 205-58-6456. 2. The Defendant, Rachel E. Gaumer, is an adult individual, whose current address is 314 E. Old York Road, Carlisle, Cumberland County, Pennsylvania, and whose social security number is 183-68-7754. 3. Plaintiff and Defendant were married on May 26, 2007 in Newport, Pennsylvania. 4. Plaintiff has resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. i 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no minor children born of the marriage. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, BY Diane A Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: P , (D /O ff 4 VERIFICATION I verify that the statements made in this Complaint in Divorce are tale and correct. I understand that false statements herein are made suUject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BENJAMIN D. GAUMER Date. August 20, 2008 n ?-, C) z rte; o LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Plaintiff, Benjamin D. Gaumer BENJAMIN D. GAUMER Plaintiff vs. RACHEL E. GAUMER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. gg -,5711(;P df T F?eM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, RACHEL E. GAUMER, Defendant in the above matter, hereby acknowledge that I received a certified copy of the Complaint in Divorce Under Section 3301(c) of the Divorce Code on this - C(J day of P&Cjb !?f X CC 2008. s` B E. Gaumer, Def Date: ?'2(0-0? ?? ??-T -?? ,?r r?i -?, ?,_ .? ?,.., ?? ?..u. ?? BENJAMIN D. GAUMER., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-5116 Civil Term RACHEL E. GAUMER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 26, 2008. Th niarrt»ge of Plaintiff and Defend,!.nt :S irretri-ably broken and ninety (on) !lays have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. j Date: RACHEL E. GAUMER, Defendant r.^ - C 4 ;, t BENJAMIN D. GAUMER., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-5116 Civil Term RACHEL E. GAUMER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 26, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I undetstaril that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 1 Date: ' PE?-,D b BENJA IN D. GAUMER, Plaintiff ?i !s? <,^?! ?.- .... _ ? ? ?? w ,. :•,. _v . '? '? tl ? ' "3l r"?-" ?, t ?` i ?? G+ ? ?? ?< 1 BENJAMIN D. GAUMER Plaintiff, VS. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RACHEL E. GAUMER Defendant NO. 08-5116 CIVIL TERM PRAECIPE TO TRANSNUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service August 26, 2008 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 12-15-2008 ; by defendant 12-15-2008 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Simutaneously herewith Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: Simutaneousl her it Attorney for laintiffJDefendant C-3 BENJAMIN D. GAUMER V. RACHEL E. GAUMER DIVORCE DECREE AND NOW, BENJAMIN D. GAUMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5116 CIVIL TERM it is ordered and decreed that RACHEL E. GAUMER bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") VoKk- By the Court, ?4 ?V---vmsI Attest: + J. Prothonotary - -,?' s t s a. « IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. L &?r kachd ? IN DIVORCE a Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, ?? ?. 23 '2 o y or K after the entry of a Final Decree in Divorce dated C M `O , i V a hereby elects to resume the prior surname of L..e , and gives this written notice avowing his / her intention p t to the provisions of 54 P.S. 704. 0 Date: 0 'U Signatur ignature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF YoaV-- On the day of -bQ1'1M?&- , 2008& before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public MM0 ALTH OF PENNSYLVANIA Notarial Seal Judith C. Lobb, Notary Public Fakview Tvwp., York County My Commission Expires Jan. 6, 2009 Member, Pennsylvania Association of Notaries k -t,